19911203 TZCA Dar es Salaam2

19911203 TZCA Dar es Salaam2

The evidence was insufficient to prove the appellant made the false cheque, but sufficient to prove he knowingly uttered it and attempted to obtain money by false pretences. No prejudice resulted from the investigator acting as prosecutor.

Citation
19911203 TZCA Dar es Salaam2
Parties
Appellant: Lt. Jjimidi Te Chiruru; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 December 1991
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed in part; conviction and sentence on first count quashed; convictions on second and third counts upheld.
Legal Topics
Forgery, Uttering False Documents, Attempt to Obtain by False Pretences, Prosecutorial Conduct
Source Language
English

Case Brief

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Parties

Lt. Jjimidi Te Chiruru

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment

  1. 1 Whether the appellant was the maker or party to the making of a false cheque
  2. 2 Whether the appellant knowingly uttered a false cheque
  3. 3 Whether the appellant attempted to obtain money by false pretences

Ratio Decidendi

The evidence was insufficient to prove the appellant made the false cheque, but sufficient to prove he knowingly uttered it and attempted to obtain money by false pretences. No prejudice resulted from the investigator acting as prosecutor.

Court Disposition

Appeal allowed in part; conviction and sentence on first count quashed; convictions on second and third counts upheld.

Orders

  • Conviction and sentence on first count set aside
  • Appeal on second and third counts dismissed